1 Module Seven: Tort Law Michael Lemaster BUS-206-Q2430: Business Law I Professor Maggie Eilertson December 10, 2023
2 Tort Law Evaluate the implications of tort law in this scenario and what legal claims Sunshine Yoga might have. Use reliable resources, such as the textbook and other course resources, to support your evaluation. Specifically, include the following components in your evaluation: · Tort law: Define what tort law is and how torts may affect business practices. Tort law is law that concerns torts. A tort is a civil wrong that gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for injuries. The purposes of tort laws are to compensate innocent persons who are injured, to prevent retaliation by injured parties, reinforce a vision of a just society and to deter future wrongs. (Kubasek et al., 2023) Torts can affect business practices in an incredible way. They lead to less than agreeable business practices. Whether competitors lie to suppliers about your business, opposing companies undercutting your prices to steal clients or simply offering to do the same job for less, this can affect how your business profits and can determine the outlook of how suppliers or potential clients may perceive your business. · Relevant tort laws: Identify tort laws relevant to the scenario, specifically the incident involving the snake. Concerning the incident involving the dangerous snake, in this situation negligent tort law would be applied. While Dave may have had a proper cage for the dangerous snake, by simply having that snake in the store, he put patrons, other building tenants and passersby in and around his business at danger. Dave assumes risk and responsibility for that dangerous snake and it slithered
3 through the air conditioning vents into Sunshine Yoga. This put Jasmine at an "unreasonable risk to harm". (Kubasek et al., 2023) With the dangerous snake finding its way to Sunshine Yoga, this caused Jasmine to become so frightened that she suffered a heart attack. Legal claims A. Identify what legal claims Sunshine Yoga might have against The Friendly Dawg and landlord Lou, based on those tort laws and related legal principles. B. Support your conclusions by referencing the applicable tort laws and related legal principles. Jasmine from Sunshine Yoga can file tort claims on the Friendly Dawg and Landlord Lou on a basis of negligence. For this to be proven against both the Friendly Dawg and Landlord Lou, Jasmine and her lawyers would have to prove duty, breach of duty, causation and damage. Both the Landlord Lou and the Friendly Dawg have a duty to provide a safe area to conduct her business. The breach of duty occurred when the snake was not properly housed and escaped into the air conditioning vents, leading it to Sunshine Yoga. Causation is the fact that the breach of duty occurred allowed the snake to travel to Sunshine Yoga and caused Jasmine to have the heart attack. The final element that is needed is the damages